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KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – When Oral Admissions as to Contents of Documents are Relevant (Section 20)
1. General Rule
2. When Oral Admissions are NOT AllowedOral admission is inadmissible:
3. Exceptions (When Oral Admissions ARE Relevant)(a) As Secondary Evidence
(b) When Genuineness of Document is in Question
4. Key Principle👉 Contents of a document must be proved by the document itself, not by oral statements.
Quick Revision Line👉 Oral admissions about documents are generally excluded, except when secondary evidence is allowed or genuineness is in dispute.
1. General Rule
- Oral admissions about contents of a document are NOT relevant
- Reason:
👉 Best evidence rule → Document itself must be produced
2. When Oral Admissions are NOT AllowedOral admission is inadmissible:
- ❌ When the document exists and can be produced
- ❌ When a party tries to prove contents without producing the document
- A executes mortgage deed in favour of B
- B files suit but does not produce the document
- B cannot rely on oral statement to prove contents
👉 Must produce and prove the actual document
3. Exceptions (When Oral Admissions ARE Relevant)(a) As Secondary Evidence
- Allowed when party is entitled to give secondary evidence
- Example situations:
- Original document is lost or destroyed
- Document is in possession of opposite party
- Oral account by a person who has seen the document is admissible
(b) When Genuineness of Document is in Question
- Oral admissions are relevant when:
👉 Issue = whether document is genuine or forged - Helps in proving validity or invalidity of document
4. Key Principle👉 Contents of a document must be proved by the document itself, not by oral statements.
Quick Revision Line👉 Oral admissions about documents are generally excluded, except when secondary evidence is allowed or genuineness is in dispute.
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